Please read carefully before using this service.
TERMS OF SERVICE
(Lasted Updated January 11, 2016)
- This is a Contract. These Terms constitute a contract between you and Bemobi International AS. You may not use the Services if you do not accept these Terms. By using any part of the Services you accept these Terms. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept these Terms on your behalf and approve your use of the Services.
- The Services may be accessed in a variety of ways. Bemobi International AS offers variations of the Services through its mobile storefront websites (e.g., the Bemobi International AS Mobile Store and Bemobi International AS Apps Club) and through various mobile software applications (e.g., Bemobi International AS Arcade and various storefront clients) which may be pre-installed on or downloaded to your mobile device (each an “Bemobi International AS App”). Regardless of whether you access the Services through Bemobi International AS’s websites or through an Bemobi International AS App, these Terms apply to your use of the Services.
- Accessing the Services through an Bemobi International AS App. If you access the Services through an Bemobi International AS App, Bemobi International AS grants you a limited, non-transferable license to use such Bemobi International AS App on the device on which such software application is installed. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Bemobi International AS App (except as, and only to the extent that, any of the foregoing restrictions are prohibited by applicable law or to the limited extent permitted by the licensing terms governing use of any open sourced components included within the Bemobi International AS App). You may not remove, obscure, or alter any copyright notice or other proprietary rights notices affixed to or contained within the Bemobi International AS App.
- The Content is not licensed to you by Bemobi International AS. Some features of the Service may enable you to access and/or download Content. Such Content may be hosted by Bemobi International AS or you may be redirected to download the Content from the developer of the Content (“Content Provider”), or from a third party storefront (“Third Party Storefront”). Regardless, the Content accessed through the Services is offered by independent, third-parties and not by Bemobi International AS. If you decide to access Content you do so at your own risk. The Content is not investigated, monitored, or checked for accuracy, reliability, appropriateness, or completeness by Bemobi International AS. By permitting you to discover or access Content via the Services, Bemobi International AS does not imply approval or endorsement of such Content. Bemobi International AS does not investigate, monitor, or check the privacy practices or policies of the third-parties offering the Content or operating the Third Party Storefronts. You agree that Bemobi International AS is not responsible or liable for the Content.
- Additional terms may apply. These Terms govern Bemobi International AS’s provision of the Services to you. Content Providers also generally have an end user license agreement or terms of service governing your download or use of their Content. If You purchase subscription based access to the Services from your mobile network operator (“Operator”), moreover, Your Operator will generally have terms and conditions governing such subscription. You should review any such additional terms and policies, including privacy and data gathering practices of such third-parties. You must comply with any terms imposed by the providers of the Content that you choose to access through the Services.
- Downloads from the Bemobi Mobile Store. If you download Content hosted by Bemobi International AS via the Bemobi Mobile Store (as opposed to from the Content Provider or a Third Party Storefront), the Content Provider’s terms will accompany and/or be included in the Content. If no such terms accompany or are included in the Content downloaded from Bemobi International AS’s servers, however, the Content is licensed to you by the Content Provider subject to the following End User License Agreement: http://apps.bemobi.com/license_agreement.php.
- If you purchase Content via the Services, you must agree to Bemobi International AS’s Purchase & Refund Policy. Bemobi International AS’s policy for purchases and refunds is posted at http://apps.bemobi.com/purchase_refund_policy.php (“Purchase & Refund Policy”). Bemobi International AS may act as a collection agent for Content Providers to facilitate their sale of Content to you as further detailed in the Purchase & Refund Policy. Bemobi International AS, however, is not a party to the transaction between you and the Content Provider. The third party Content provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed, and for any claims you may have relating to that Content or your use of that Content.
- By participating in a contest, you agree to Bemobi International AS’s contents rules. The Services may include contests and/or prize giveaways (each a “Contest”). Bemobi International AS’s contest rules are posted at http://apps.bemobi.com/contest_rules.php (“Contest Rules”). By electing to participate in any Contest conducted via the Services, you agree to the Contest Rules.
- If you register, you must be truthful and keep your account secure. If you register for the Services, you agree to provide true, accurate and complete information about yourself as prompted by Bemobi International AS (“Registration Data”). You also agree to update the Registration Data to keep it current. You authorize Bemobi International AS (itself or through third party service providers) to verify such Registration Data. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, You are entirely responsible for any and all activities that occur through the use of your account or password. You agree to notify Bemobi International AS immediately of any unauthorized use of your account or any other breach of security.
- You must obey the law and respect the rights of others. You must not use the Services to violate or infringe the rights of any other person, including the rights of other users, Bemobi International AS’s rights in the Services, and Content Providers’ rights in their Content. You must not breach any laws or regulations when using the Services or attempt to disrupt or interfere with the security or functionality of the Services or the Content.
- The Services may include User Generated Content. Certain features of the Services may allow users to submit comments, reviews, or other information that can be viewed by others (“User Generated Content”). Bemobi International AS does not claim ownership of any User Generated Content. If you choose to submit User Generated Content, however: (a) you grant Bemobi International AS the right and limited license to use, copy, display, perform, distribute, and adapt the User Generated Content for the purpose of providing the Services; (b) you agree not to post, communicate or make available via the Services any User Generated Content that is obscene, vulgar, sexually-oriented, hateful, threatening, or that violates any laws or third-party rights; and (c) you warrant that you hold all the necessary rights to upload the User Generated Content, including any necessary consent to upload and distribute any personal information about third persons. Bemobi International AS reserves the right to reject, edit, or remove User Generated Content at any time and for any reason. You agree, however, that Bemobi International AS is not liable for User Generated Content, that Bemobi International AS has no duty to pre-screen User Generated Content, and that Bemobi International AS shall not be responsible for any failure or delay in editing or removing such material.
- Bemobi International AS may contact you regarding the Services. You expressly agree that, as part of the Services, you may, from time to time, receive communications from Bemobi International AS via text message (SMS) or email, including our promotional newsletters or other information about the Services. You may stop receiving promotional messages by emailing your request to opt-out, along with your cell phone number, to email@example.com, or following the opt-out instructions in the message. Even if you choose to opt out of receiving promotional messages, you may not opt out of receiving service-related messages.
- Bemobi International AS may discontinue access to the Services. Bemobi International AS may in its sole discretion and at any time terminate your access to the Services or discontinue providing the Services or any part of the Services, with or without notice and with or without providing any refund of any payments. Upon termination of the Services or your account, you may be required to remove mobile content or applications downloaded or obtained through the Services from your mobile device. You agree that Bemobi International AS will not be responsible or liable to you or any third party for modifying or discontinuing the Services, or for terminating or suspending your access to the Services. Bemobi International AS shall have no obligation to maintain any Content in your account.
- The Services are provided without any warranties or guarantees. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BEMOBI INTERNATIONAL AS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BEMOBI INTERNATIONAL AS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEMOBI INTERNATIONAL AS DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR THE MATERIALS MADE AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICES (INCLUDING CONTENT) WILL BE CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
- BEMOBI INTERNATIONAL AS is not liable for any damages you may incur as a result of using the Services. IN NO EVENT SHALL BEMOBI INTERNATIONAL AS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BEMOBI INTERNATIONAL AS OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- This contract is based on English law. This Agreement will be governed by the laws of England and Wales, without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All actions or proceedings arising under or related to this Agreement must be brought in the courts located in London, England, and each party hereby agrees to irrevocably submit to the exclusive jurisdiction and venue of any such court in all such actions or proceedings. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired thereby.
- Bemobi International AS may modify these Terms. These Terms may be modified by Bemobi International AS without notice at any time in the future. Changes will be posted at http://apps.bemobi.com/terms.php , and changes to the Purchase & Refund Policy will be posted at http://apps.bemobi.com/purchase_refund_policy.php. It is your responsibility to remain informed of any changes as you are bound by the latest version of the Terms.
- Notice to rights holders. If you believe that Content accessible via the Services infringes your rights, you may submit a notification to Bemobi International AS in which you provide the following information: (a) identification of the rights/works that are being infringed upon; (b) identification of the Content that is infringing your rights (including URL(s) for the Content); (c) your name, address, telephone number, and electronic mail address; (d) a statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the rights holder, its agent, or the law; (e) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (f) your physical or electronic signature, or that of a person authorized to act on your behalf, of the owner of an exclusive right that is allegedly infringed. Notices may be sent to firstname.lastname@example.org.
A. Bemobi International AS may collect the following data to be able to provide the Services: name, address, email address, mobile phone number, and fax as provided by you. Additionally Bemobi International AS collects data about Content purchased and software registration code (where applicable). Bemobi International AS might also collect your mobile phone number directly from your device if possible. The data is shared with Content Providers in order to track your software registrations and provide technical support. Bemobi International AS uses the data to deliver the Services and maintain a customer relationship. Your mobile phone number is used for the purposes of completing a billing transaction or to validate your identity for subscription access. Your mobile phone number might be shared with a billing partner for the purpose of completing the transaction.
B. Bemobi International AS tracks user traffic throughout the Services and creates overall usage statistics, according to a user’s login name, browser ID, browser type, MIME type and if made available the user’s mobile phone number (MSISDN). The user traffic data is used for to determine which areas of our sites users like and don't like based on traffic to those areas. The Services does not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. If the Services store download history based on the user’s mobile phone number (MSISDN), the user will be given the necessary options to delete it.
D. Bemobi International AS tracks search terms entered in the Service’s search function as one of many measures of what interests our users. Which terms a particular user enters, however, is not tracked.
E. If you choose to connect your Facebook account to an Bemobi International AS App, Bemobi International AS may collect your name, email, gender, birthday, current city and profile picture URL. This Facebook account information is used to generate a public profile for you within such Bemobi International AS App.
F. The Services create aggregate reports on traffic for advertisers and partners. This allows our advertisers to advertise more effectively and allows our users to receive advertisements that are relevant to their needs. Bemobi International AS never shares individual personal information with anyone, so an advertiser will never know that a specific user clicked on that advertiser’s advertisement.
G. Bemobi International AS uses the above-described information to tailor the Services to suit your needs and help our advertisers better understand our audience demographics. We do not share information about individual users with any third party, with the exception in paragraph A.
H. Bemobi International AS is, together with its affiliates, a global organization with data centres on several continents. For the purposes explained in this policy, your data may be transferred to countries which do not have the same level of data protection laws as those in the country where you are located. For personal data subject to EU/EEC privacy laws, Bemobi International AS will only export personal data to a third country with your consent and/or with legal measures that ensure an adequate level of data protection for your data in that third country. Such measures may include entering into EU standard contractual clauses for the transfer of personal data.
I. Bemobi International AS reserves the right to disclose any information we have as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process.